Jul 6, 2015 09:20
8 yrs ago
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German term

Auswahlverschulden

German to English Law/Patents Law: Contract(s) Call for competition
This comes from a call for competition for IT services. This section outlines the contractual terms between the contracting authority and the contractor. The preceding sentence states that the contractor is liable for the proper completion of the overall project, even in cases where subcontractors are involved and then comes this:

"Etwaiges fehlendes Auswahlverschulden kann nicht geltend gemacht werden."

Auswahlverschulden as I understand it is negligence in the selection of the subcontractor, but what I don't understand is how someone could or could not claim a "lack of negligence" in the selection.

Thanks in advance for your assistance
Proposed translations (English)
3 culpa in eligendo

Discussion

Jennifer Buller (asker) Jul 13, 2015:
Thanks, Andrea and Paul I think Andrea has it right - I ended up using "Absence of negligence in the selection of the subcontractor may not be invoked". I wish I could have given you the points, Andrea!
Paul Skidmore Jul 6, 2015:
I agree with Andrea Andrea has explained the idea clearly. There is nothing unusual about a claim that a party was / was not negligent in the selection of a contractor.
Andrea Muller (X) Jul 6, 2015:
Liabitility even in the absence of negligence I think it just means that the contractor is liable for any mess up caused by subcontractor, and he cannot rely on the fact that he exercised proper care when selecting the subcontractor. So this is opposite to what it says in this link (that normally there is only liability if there was negligence in selecting):http://www.law-experts.at/de/rechtswissen-rechtsartikel-rech...

Proposed translations

4 hrs

culpa in eligendo

Declined
Negligence involved in choosing an inappropriate person for a work which someone assumed to do.
Note from asker:
Thanks, but not looking for a Latin equivalent.
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